Statement of Use Filing Checklist: Specimens, Dates, and the Six-Month Clock

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This checklist runs a Section 1(b) application from the day the notice of allowance issues to the day the registration certificate is docketed, in eleven phases a practitioner can work top to bottom. It builds the deadline ladder under 15 U.S.C. § 1051(d) and 37 C.F.R. § 2.88, audits ownership and the Section 10 assignment bar before the clock moves, verifies use in commerce item by item, captures specimens that survive In re Siny Corp., and fixes both dates of first use to documents rather than memory. It works the fork at the notice of allowance — statement of use, extension request, deletion, or request to divide — with fees current to 18 January 2025, model good-cause language, and the minimum filing requirements of Rule 2.88(e) that rescue a filing begun on the deadline. It carries one matter, Brindle & Co.'s FOG SIGNAL cold brew, allowed 13 January 2026, through a divided application, an insurance extension, and a Class 43 specimen refusal. It closes with the mistakes that kill files, a deadlines table, and the rescue options when a deadline is missed or the outer limit has run.

IP and Technology > Trademarks | Checklist | Published 30 May 2026 - Updated 1 August 2026 | Casey Scott McKay - marksy.us

Summary. This checklist runs a Section 1(b) application from the day the notice of allowance issues to the day the registration certificate is docketed, in eleven phases a practitioner can work top to bottom. It builds the deadline ladder under 15 U.S.C. § 1051(d) and 37 C.F.R. § 2.88, audits ownership and the Section 10 assignment bar before the clock moves, verifies use in commerce item by item, captures specimens that survive In re Siny Corp., and fixes both dates of first use to documents rather than memory. It works the fork at the notice of allowance — statement of use, extension request, deletion, or request to divide — with fees current to 18 January 2025, model good-cause language, and the minimum filing requirements of 37 C.F.R. § 2.88(e) that rescue a filing begun on the deadline. It carries one matter, Brindle & Co.'s FOG SIGNAL cold brew, allowed 13 January 2026, through a divided application, an insurance extension, and a Class 43 specimen refusal. It closes with the mistakes that kill files, a deadlines table, and the rescue options when a deadline is missed or the outer limit has run.

Keywords: statement of use · notice of allowance · six-month clock · extension of time to file · insurance extension · specimen of use · dates of first use · use in commerce · request to divide · deleting goods and services · 36-month outer limit · good cause showing · specimen refusal · petition to revive · section 1(b) application · verified statement · itu assignment restriction · uspto trademark fees · registration certificate · trademark docketing


What this checklist is for

You have a notice of allowance on an intent-to-use application. You now have between six and thirty-six months to prove the mark is in use or lose everything the filing date bought. This is the operational sequence: what to docket, verify, photograph, swear to, file, and fix.

Who should use it. Prosecution counsel and paralegals running a Section 1(b) file, in-house counsel supervising outside firms, and founders who filed pro se. For the doctrine — bona fide intent, constructive use under 15 U.S.C. § 1057(c), the unsettled questions — read Intent-to-Use Applications: Claiming a Trademark Before You Sell a Thing. For the reasoning behind each box, read the companion practitioner's guide to statements of use and extension requests.

What you'll need. The notice of allowance from TSDR with its issue date and serial number; the identification exactly as it appears there; the recorded assignment history; a contact who will be present at the first sale; the first invoice and out-of-state shipping record; and $150 to $400 per class in fees.

| Phase | What you accomplish | When | |---|---|---| | 1 | Docket the notice; build the six-date ladder | Day it issues | | 2 | Audit ownership, entity, identification, drawing, title | Week 1 | | 3 | Verify use in commerce, class by class | Week 1, then each period | | 4 | Capture and vet the specimen | The week of launch | | 5 | Fix both dates of first use to documents | With the specimen | | 6 | Work the fork: file, extend, delete, or divide | 90 days before each deadline | | 7 | File the extension request with real good cause | Before the period expires | | 8 | File the statement of use and confirm it landed | After use begins | | 9 | Respond to a refusal | Within 3 months | | 10 | Check the certificate; docket what follows | At registration | | 11 | Rescue procedures | On discovery |

The matter we carry through. Brindle & Co., a Portland cold-brew roaster, filed for FOG SIGNAL on 3 March 2025 in Class 30 ("coffee; coffee-based beverages; ready-to-drink coffee") and Class 43 ("coffee shop services; mobile coffee cart services"). The notice of allowance issued 13 January 2026. Cans shipped three weeks later; the café took fifteen months.


Phase 1 — Docket the notice of allowance

Brindle, 13 January 2026. Six entries the same afternoon: 13 July 2026, then 13 January 2027, 13 July 2027, 13 January 2028, 13 July 2028, and 13 January 2029 in red.


Phase 2 — Audit the file before the clock moves

Brindle, week of 19 January 2026. Clean title, nothing recorded. One finding: the can artwork now carried a "Brindle & Co." house mark above FOG SIGNAL. The applied-for mark remained separable, so no drawing amendment — and no more redesigns before capture.


Phase 3 — Verify use in commerce, class by class

Brindle, 4 February 2026. Class 30: yes on all three items — 84 cases of 12-ounce cold brew shipped 2 February to a Vancouver, Washington distributor on invoice 2026-0031. Class 43: no on both. The lease was unsigned and the cart was a deposit on a trailer.


Phase 4 — Capture the specimen

The capture email, 20 January 2026. "On the day of first sale: three photographs of an actual filled can; print-to-PDF of the product page, cart page, and order confirmation, each with URL and date in the footer; the first invoice; and the bill of lading. Email it to me the same day — not to a shared drive that will be reorganized in April."


Phase 5 — Fix the dates of use to documents


Phase 6 — Work the fork: file, extend, delete, or divide

Run this once per class, ninety days before the current deadline.

| | Delete | Divide | Extend | |---|---|---|---| | Cost now | $0 | $100 per new application | $125 per class | | Cost later | None | Separate SOU, extension, and §§ 8, 9, 15 filings per file | $125 again each period | | Keeps original priority | No | Yes | Yes | | Right when | The item was aspirational | The item is genuinely launching | Launch is real and imminent | | Wrong when | It ships in four months | Preserving a tote-bag class | You have done it four times |

Brindle, 6 February 2026. Three filings the same day: a statement of use for Class 30, a request to divide Class 30 into a child application, and a $125 insurance extension in the child. Class 43 stayed in the parent and took extension 1 in July. $375 in fees; certificate in fifteen weeks.


Phase 7 — File the extension request

Model good-cause language — Brindle's second request, 4 January 2027:

Good cause exists. Since the previous period began, Applicant has: (a) on 14 August 2026, executed a five-year commercial lease for retail premises at [address], Portland, Oregon, for operation of a coffee shop under the mark; (b) on 9 September 2026, submitted a building permit application to the City of Portland (Permit No. [number]), still under review; and (c) on 3 October 2026, taken delivery of a mobile beverage trailer and applied for a mobile food unit license from Multnomah County Environmental Health.

Dates, third parties, permit numbers. Fifteen minutes if you ask the client the right question — and it is the record that defeats a Commodore Electronics prima facie case four years later.


Phase 8 — File the statement of use, then confirm it landed

Brindle's statement of use, 6 February 2026. Class 30 only. Both dates 2 February 2026. Specimen: a photograph of a 12-ounce can held at the roastery fill line, with the wholesale ordering page in the alternative. Signed by the managing member, who entered her own signature.


Phase 9 — Respond to a statement-of-use refusal

Roughly one statement of use in four draws an office action, and specimens are the overwhelming cause.

Brindle's Class 43 refusal, 28 August 2027. Refusals 3 and 5: the web capture was a screenshot in a Word document with no URL or date, and the blade-sign photograph never said the business was a coffee shop. The fix took an afternoon — a print-to-PDF ordering page showing the mark, the words "coffee shop," a menu, and an order button; the interior menu board; and a branded cup in a customer's hand. Filed 20 November 2027. Registered 15 February 2028.


Phase 10 — Registration and handoff


Phase 11 — Rescue procedures


Common Mistakes

  1. Docketing off the email instead of the printed issue date, and never verifying by TSDR.
  2. Treating the thirty-six-month cap like every other deadline. It is the only one that cannot be revived.
  3. Filing a statement of use before use begins. In re Anpath Group forecloses the fix. Extend instead.
  4. Swearing to goods the client never shipped. Read the identification aloud; delete on hesitation. Medinol.
  5. Sending artwork instead of a photograph, or capturing web pages as screenshots with no URL or date.
  6. Submitting an advertising page for goods. Without an ordering mechanism it is Siny, not Sones.
  7. Proving a service by proving preparation. Aycock and Couture turned on services never rendered.
  8. Skipping the $125 insurance extension, then losing the file to a refusal that arrives after the period closed.
  9. Filing five identical good-cause paragraphs. The record you build is the record a challenger reads back to you.
  10. Letting a reorganization close before the allegation of use is on file.
  11. Carrying dead classes on extensions — roughly $1,400 per class, plus a lack-of-intent target.
  12. Letting a paralegal type the signature, or forgetting that a divided child is a new serial number with its own fee, specimen, and verification.

Deadlines at a Glance

Dates are Brindle's, from a notice of allowance issued 13 January 2026. Substitute your issue date; the intervals do not change.

| Deadline | Brindle's date | What must be filed | Fee per class | |---|---|---|---| | First period (6 months) | 13 July 2026 | Statement of use, or extension 1 as of right | SOU $150 / ext. $125 | | Extensions 2-5 (12, 18, 24, 30 months) | 13 Jan 2027 · 13 Jul 2027 · 13 Jan 2028 · 13 Jul 2028 | Extension request with a good-cause showing | $125 each | | Outer limit (36 months) | 13 January 2029 | Statement of use — no further extension exists | $150 | | Office action response | 3 months from issuance | Response; one 3-month extension available | $125 for the extension | | Petition to revive | 2 months from notice of abandonment | Petition plus the missing filing | $150 | | Amendment to allege use | Filing date through approval for publication | AAU — closes the allowance track entirely | $100 | | Request to divide | With or before the statement of use | Request identifying the goods divided out | $100 per new application |

Fees are those effective 18 January 2025 under 37 C.F.R. § 2.6. Confirm current amounts before every filing.


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Across the Wider Corpus

The Marksy library now extends well beyond the register. These sit outside this document's immediate subject and bear on it directly — sector-specific brand practice, the adjacent federal regimes, and the disputes a trademark question runs into once it leaves the USPTO.


This document is general information about the law, not legal advice, and does not create an attorney-client relationship. Trademark and copyright outcomes turn on specific facts. Marksy is not a law firm.

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